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Declaration of Independence and the Constitution

Statement of Self-reliance and the Constitution Introduction The Declaration of Self-reliance and the Constitution are two significant documents that changed the history of the United States of America, from that of a colonized country to that of an impendent nation that would have its federal government. The Statement of Self-reliance was a document that was written specifically to the government of Great Britainin 1176, July fourth as a notification to the monarchy that America was a totally free state and…...

Examining the Constitutionality of the Louisiana Purchase

The acquisition of the Louisiana Purchase caused a political debate of the constitution in the early United States government. There was a difference of opinions between politicians including Thomas Jefferson and Thomas Paine. Many believed that the provisions outlined in the United States Constitution should be strictly followed, but others believe that the Constitution was open to interpretation. These differences of opinion over the interpretation came into play when Jefferson made the Louisiana Purchase with France. Jefferson was a staunch…...

Constitutionalism in England in the 17th Century

Analyze the development of Constitutionalism in England during the 17th century. England’s lengthy history of hereditary monarchs and abusive absolutists has led to the system of constitutionalism in 17th century English government. The encouragement of these absolutism practices triggered the need to search for a new way to govern. The reigns of the Stuart monarchy led to the shift from absolutism to constitutionalism during 17th century England. After witnessing the success of Louis XIV's of France establishment of absolutism, England…...

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US constitution

The ratification of the constitution in 1788 did not end the debate over the nature and functions of the government. Majors concerns arose from the ratification mainly involving too much federal power and not enough rights for African Americans. Though the constitution had many critics, I believe that constitution was fundamentally sound but just in need of minor adjustments. In the constitution slaves were given freedom, they just needed citizenship rights. Another reason is federal power was strong, but it…...

Conflict Between Legislature and Judiciary

The Legislature and the Judiciary: Conflicts The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature, the two of the three pillars of India. The problem between the two bodies dates back to the commencement of the constitution, within one and a half year, the legislature amended the constitution so that certain important judicial decisions could not come into effect. Phiroze K. Irani proposes to deal with…...

Media Law Case Studies

1. Whether, as a Member of Parliament (MP), the Accused’s right of free speech in Parliament, given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers) Ordinance [No. 15 of] 1952 and Article 63(2) of the 1957 Federal Constitution, has been validly limited by the subsequent amendment made to Article 63 with the addition of Clause (4) by the Constitution (Amendment) Act. 1971 (Act A30). 2. Whether the Accused’s right of free speech in Parliament is…...

?The Role of Youth in Indian Politics

On the roads of Indian democracy, we have travelled for about 63 years now and shall continue the journey for years to come in the same rickety ancient grubby vehicle of ours that has driven us for so long. The list of travellers is an assemblage of young dazzling men and women. The blatant contrast between them arouses debates. It makes us ponder over the role of youth in Indian politics. There have been certain qualities constantly attributed to youth…...

Philippine Constitution - Article Iii

Article III Bill of rights - declaration and enumeration of a person’s right and privileges which the Constitution is designed to protect against violations Basis: social importance accorded to the individual in a democratic or republican state Classes of rights 1) Natural rights – right possessed by every citizen without being granted by the State for they are given to man by God Ex. Right to life, right to liability, right to property, right to love 2) Constitutional right –…...

Constitution vs Articles of Confederation

As one of the creators of the new Constitution of 1788, you are chosen to present its strengths as compared to the weaknesses of the Articles of Confederation. What areas of importance will you stress in attempting to get it passed unanimously? Give good well-reasoned arguments in a report of approximately 400 words. You will need to research the details of each document, using resources from the library, the Internet, or other sources. Be sure to use proper spelling and…...

Company’s constitution

QUESTION 1 Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the…...

Impact of Articles of Constitution and Confederation on Economy

The Articles of Confederation and the Constitution each had their own impacts on the United States economy. It can be shown that the drafting of the Constitution reversed the control of economic authority between the national government and the states, specifically regarding the laying and levying of taxes. The stipulations of taxation are clarified in the Articles and the Constitution through Article VIII and Article I, Section 8, respectively. Both statements provide for an easy analysis of taxation considering the…...

Founding Fathers and Constitution

When the Constitution was drafted, the Founding Fathers were afraid of the consequences of a government becoming too powerful. To limit this risk, they established a system of checks and balances. The system of checks and balances is a significant part of the Constitution. To limit their power, they devised a system of checks and balances. They consisted of three separate branches: executive, judicial and legislative. With checks and balances, each of the three branches of government can limit the…...

Problem of Elections in Nigeria

Nigeria is a country with device ethnic group and corrugated different political motive ranging from the individual perspective to the political parties. What is really wrong with Nigeria electioneering process is the wheel to be on power at all cost not minding the interest of the masses, every political party that is on power want to retain power for their selfish interest, while doing this, they map out strategies that will enable them to rig the election either by crook…...

Controlled Democracy of Singapore

Political System According to Quah as cited in Funston: “Controlled democracy” – “a republic with a parliamentary system of government based on the British Westminster model, but which has been adopted to suit the local conditions”. Three important differences between the Singaporean and British parliamentary systems: Singapore has a written constitution; Singapore has a unicameral legislature; and Singapore is not a monarchy. Head of State – President elected by the citizens of Singapore for a term of six years and…...

Constitutions of Pakistan

Introduction: The constitution of Pakistan that came into existence on March 23, 1956, abolished the workplace of the governor-general and offered power-sharing arrangements between the president and the prime minister. East Pakistan (now the independent state of Bangladesh) and West Pakistan (called Pakistan considering that 1971) were to have equal seats in the nationwide legislature. While parliamentary and federal in kind, the constitution made sure that the president kept supreme powers and the center was more effective than the provinces.…...

The Constitutional History of India- 1858- 1950

“We the People of India.” Who knows better than us, the real meaning of independence? We fought the continuous period of 150 years with British Empire, and then we saw the dawn of freedom. The journey of this freedom struggle is the monument of our glorious history. And the “CONSTITUTIONAL HISTORY” is one of the important chapters of it. Of course it’s not the thing which took place in month or two. After the long period and with the great…...

Constitution a Radical Departure from the Articles of Confederation?

In 1787 the Articles of Confederation were discarded and the constitution of the United States was created. The articles of confederation created a very weak national government. It gave limited power to government and more power to states. The main organ of the government was a unicameral legislature, in which each state would have one vote. The weakness of the national government was shown by the fact that it could not levy taxes, regulate commerce, or raise an army. Financial…...

Comprehensive Agrarian Reform Program

The 1987 Philippine Constitution Social Justice and Human Rights (R.A. 6657-Comprehensive Agrarian Reform Program). Constitution of the Philippines the supreme law of the Philippines democratic and republican State enacted in 1987, during the administration of President Corazon Aquino, and is popularly called the "1987 Constitution". The Constitution is divided into 18 parts, leaving out the Preamble, which are called Articles. Social Justice and Human being Rights describes the idea of developing a society or organization that is based upon the…...

Article 21 of the Constitution of India After Maneka Gandhi's Case

INTRO To a great degree, the Supreme Court of India finds its strength in Article 21 of the Constitution, for the factor that much of its judicial activism has been based upon translating the scope of this Post. Majority of the PIL cases have actually been submitted under this Article only. The Supreme Court is now called an activist court. There has actually been no change in the words used in Short article 21, but there has actually been a…...

Elements of a State and Philippine Constitution

State A community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of its inhabitants render habitual obedience (De Leon, 2000). The Philippines is a state. Elements of a State The first element of a state is the people, which is known to be the most essential and indispensable element of a state. This is the mass of the population, or the…...

Reservation Policy and Indian Constitution

I. Introduction The spirit of equality pervades the provisions of the Constitution of India, as the main aim of the founders of the Constitution was to create an egalitarian society wherein social, economic and political justice prevailed and equality of status and opportunity are made available to all. However, owing to historical and traditional reasons, certain classes of Indian citizens are under severe social and economic disabilities so that they cannot effectively enjoy either equality of status or of opportunity.…...

Fifth Amendment of the US Constitution

The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life; nor shall be compelled in…...

The sources of the English Legal System in the order of their constitutional importance

Since the very beginning of the human era the particular rules were necessary for every pre-historian community to exist as the main principles of fair trade, the property, the state of the person in the society and moral standards needed to be defined. In our days these rules are commonly referred as law. Primitive pre-historian communities were reliant on customary law systems; however, the rise of first civilizations and writing systems caused the written law to appear. Nowadays each country…...

Constitution's Belief of Equality Before the Law

When the of the Constitution set out to create a federal government, they ensured that a person of the basic principles highlighting the government would be the separation of powers. This separation of powers describes the many powers and functions of the federal government by dividing them into separate independent levels and branches of the federal government. The Creators believed that by creating different branches of federal government, it would help restrict the powers of the national government and prevent…...

Analysis of Constitution's Preamble

The Preamble to an act is the lodestar and guides those who find themselves in a grey dealing with its provision. According to the canons of statutory interpretation, the proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. In short it contains a recital of the facts or state of the law for which it is proposed to legislate by the statute, the…...

Define the 4th 5th 6th and 14th Amendments

The Constitution is the highest law in the United States. All other laws come from the Constitution and Amendments. It rules how the government should work. It creates the Presidency, Congress, and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States Constitution is higher. The Constitution can be changed, and it's changed by an "amendment." Among the amendments is a list of the…...

Articles of Confederation vs Constitution

The Articles of Confederation and United States Constitution are two documents that shaped the U.S. government into what it is today. The Articles of Confederation (AOC) was the first Constitution of the United States. Americans soon realized that this document had to be substantially modified because the U.S. needed a stronger government. The AOC was thought of as an ineffective national government document, although there were some strong points. The AOC was ratified in 1781, and replaced by an improved…...

The Aim of the 10th Amendment

The purpose of the 10th Amendment is to draw a line between the federal and state government’s powers. This amendment also protects their powers from each other. This amendment has been used to define the federal government’s power to tax, law enforcement and federal regulations. At one point in time this amendment was easily interpreted if it’s not included in the constitution, the federal government cannot give it to the states. Over the years federal power was expanded through cases…...

Summary of the Article Iii of the 1987 Constitution of the Republic of the Philippines Bill of Rights

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which…...

United states constitution

QUESTION: It has been argued that united states constitution came about primarily through an evolving series og meetings, conventions, and congresses. support, modify, or refute this contention using specific evidence. In Philadelphia, 1787 the united states constitution was drafted in a series of meetings and conventions. None of the delegates were interested in a meeting to talk about the weak A.O.C, but once they were lured to Philadelphia the delegates realized that they need something to replace it. In the…...

Right of Habeas Corpus

Course Date This essay focuses mainly on the general meaning of the right of habeas corpus according to the U.S constitution, habeas relationship with civil liberties, historical evolution and the American and English traditions of the writ. Sample cases in history of suspension of freedom of habeas corpus and today’s applicability of the writ is also provided. The paper also provides and analysis of the significance of habeas corpus to the current U.S. situation in tackling terrorism. At the same time,…...

Should the Government Limit Our Right to Bear Arms?

The government should not limit our right to bear arms for several reasons; the main reason being that it would go against the 2nd amendment of the Constitution. The government, I believe, needs to focus on WHO gets to bear arms rather than take the right to bear arms from all people. Congress needs to set harder laws and punishments for those who misuse guns and other weapons. They also need to set higher requirements for gun purchases. For example:…...

The Constitution: Unity or Disunity?

The U.S. Constitution is looked upon as not only a legal bond, but as a unifying document that exemplifies the American desire for "life, liberty and the pursuit of happiness." From 1787, the year of its creation, until 1850, the Constitution helped to uphold these ideals, by ruling with the majority, but protecting the minority, as well as acting as a symbol of unity for the growing nation. In the decade before the Civil War, the Constitution's openness for wide…...

The Three Major Compromises of the Constitution

The Connecticut Compromise: The Connecticut Compromise played a huge part in the adoption of the Constitution. The Virginia Plan had already establishedthat there were three branches of government, but the Connecticut Copromise made the Legislative branch bicameral. It now consisted of the House of Representatives and the Senate. The problem was that the smaller states thought their interests and concerns would not be recognized and the lager states wanted to dominate. So, the decision was made to make two seperate…...

Equal protection and due process clauses

In natural rights philosophy, a limited government is a system restricted to protecting natural rights and that does not interfere with other aspects of life. Learning from the revolution in Great Britain, colonists created this country?s limited government in an attempt to protect their country from abuse of power. Both equal protection of the law and due process of law help limited government in preventing the abuse of power. Due process of law is one of our country?s oldest constitutional…...

FAQ about Constitution

How Did the Constitution Guard Against Tyranny?

...U.S. government. For example, the government is divided into 3 branches which are fair and equal. It is important to understand, to know that our constitution protect us from somebody taking over states. I think that is important today because in my ...

To what extent have constitutional reforms since 1997 made the UK more democratic?

...Citizens may vote in favor of a party under the influence of the majority. Compelled or influenced by opinions of those around, a person may not use his own judgment when voting. This may cause fascist parties to come into power, which could indicate ...

On How Not to Read the Constitution

...Both Dorf and Tribe summarize, “Inconsistency-even inconsistency with democracy–is hardly earth shattering.” It means that there never will be perfect systems if there is a human factor: in this case, it is the necessity of people to interpret. ...

Why Has the American Constitution Lasted so Long?

...[ 4 ]. Hodder-Williams, Richard (2003) ‘The US Constitution’, in Singh, Robert, Governing America: the politics of a divided democracy, Oxford: Oxford University Press, p. 53. [ 5 ]. Barrows, David Prescott (1936) ‘The Constitution as an Elemen ...

Why is our constitution called "a bundle of compromises?"

...In short, all delegates at the Convention believed in a system with checks and balances, and the conservatives deliberately erected safeguards against excesses of mobs. However, the people still had power, and the government was still based on the pe ...

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